100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced 2/10/2017, by Sen. Bill Cunningham
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.878 new
Creates the Home Care Consumer and Worker Protection Act. Provides
that an individual performing services for a private home care provider (a
home services agency, home nursing agency, or internet-based business that
arranges for home care services) is presumed to be an employee unless
specified conditions exist; however, a sole proprietor or partnership
performing services is not considered an employee of the agency or private
party upon a showing that it is a legitimate subcontractor. Makes it a
violation of the Act for a private home care provider not to designate an
individual as an employee unless the private home care provider complies
with specified provisions. Provides that an interested party may file a
complaint online through the website of the Department of Labor against a
private home care provider if there is a reasonable belief that the
employer is in violation of the Act. Provides that the Department shall
enforce the Act and may conduct investigations, obtain documentation, and
subpoena books, records, and witnesses to conduct its investigations.
Prohibits discharge or other retaliation for exercising rights under the
Act. Contains provisions concerning violations, penalties, private rights
of action, referrals, rulemaking, and other matters. Provides that moneys
received by the Department under the Act shall be deposited into the Home
Care Consumer and Worker Protection Fund and amends the State Finance Act
to include it as a special fund in the State treasury.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Care Consumer and Worker Protection Act.
This Act is intended to protect
consumers of home care services and the workers delivering
those services by ensuring that both the consumers and the
workers are receiving all affordable labor law protections and
tax obligation compliances and that there is adherence to
current licensure requirements and rules governing agencies
employing or placing home care workers for employment.
As used in this Act:
"Consumer" means an individual who is the recipient of home
care services from a home care worker.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"Employee" means a person who works in the service of
another person or company under an express or implied contract
for hire, under which the employer has the right to control the
details of work performance for wages, salary, fee, or payment.
"Employer" means a person for whom an individual performs